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I received a letter date August 19, 2022 informing me that a clubhouse association intends to foreclose on my property. I had 30 days to respond and dispute the claim (I missed this day) and if they did not hear from me within 45 day they would foreclose. This will take me to Monday to be the... View More
answered on Oct 2, 2022
Community associations, by law and the association documents, are entitled to interest, late fees, attorneys fees and costs for the collection of late assessments. Any payment is, by law, applied to these charges first, which means unless you pay the amount in full, you are at risk of foreclosure.... View More
They have no lease and have never paid rent.
answered on Sep 30, 2022
You have the right to file a court action for unlawful detainer. It's similar to an eviction but for guests who won't leave.
Little to no damage on the unit but the building, pool and surrounding area has suffered significant loss.
answered on Sep 30, 2022
No one can answer that in this online forum. It requires a review of your purchase agreement. You will need to hire a real estate lawyer to review it. Honestly, you should not purchase real estate without one.
I live in florida. Title XI Chapter 163 covers solar devices. It states "renewable energy devices" in the chapter and how an HOA cannot restrict their use. I have solar security cameras. They are a renewable energy device and I want to know if they are covered by this Florida law.
answered on Sep 21, 2022
More facts are needed. Does the HOA have a restriction against security cameras in its Declaration of Covenants, Conditions and Restrictions? If it does not then they cannot restrict your solar powered devices. I have yet to see Declarations that prohibit security cameras. The HOA may try to... View More
motel has no lease and i pay month to month. i have been here for a little more than 3 and 1/2 years. the new owners knocked on the door and told me i had to vacate the premises by tomorrow. if it matters i am 70 years old and am a heart patient. please advise. thanking you in advance.
answered on Sep 16, 2022
Sorry but there are not enough facts to fully answer your question. Generally, motels and hotels can ask you to leave by checkout the next day. They are not residential properties. If your room is paid up past tomorrow they might honor that if there is proof the room was paid.
MY mom passed in January 2018 my sister and I are only joint heirs to property and we have a filed Order determining Homestead. On February 14, 2019 my sister went behind my back and filed a Quitclaim deed signing my mom as 1st party and she being 2nd party. I was told to file a Petition setting... View More
answered on Sep 16, 2022
Never take legal advice from a non-lawyer or another party with interest in the property. Take the deeds to a real estate lawyer to review and provide proper advice. Quit claim deeds cause more problems then they solve. Unless your sister had been appointed the personal representative of the... View More
I mailed my right of recession letter in June. I called and spoke to the company after they took my car and they said the letter isn’t valid. The letter was indeed valid and now they refuse to give me my remedies, and downpayment because they took my car back.
answered on Sep 13, 2022
A right of rescission is generally limited to door-to-door sales and refinancing of mortgages, not cars. Dealerships are not going to let you drive their cars for three days, put mileage on the vehicle and then take it back. Unless there was a clause in your contract giving you this right, any... View More
In the tall grass..that I won't access my yard ...due to being scared of getting stung!!! What's my options?
answered on Sep 7, 2022
I'm not sure what you mean by "property management" because this term is often used when referring to the management of an association, which is a community association manager or CAM. If you have a property management company that manages a property you lease, you can put them on... View More
answered on Sep 3, 2022
There are not enough facts to provide you with an answer. You can check the docket to see when the court did this and if a new case management order has been docketed. Search for your Clerk of Court website by putting the name of your county in front of "Clerk of Court." Just make sure... View More
A roof replacement project was initiated by our HOA Board without approval from the community.
On March 14, 2022 a meeting and vote was held in accordance with Article XXI, Section 1(c) of the Laurel Oaks Association’s Declaration of Condominium states that “the approval of 75% of... View More
answered on Aug 22, 2022
These types of cases are difficult at best because they frequently involve materials that are no longer available and the building department requiring the association to bring the roof to code if it is being replaced.
To get an injunction to stop the project, you have to hire a lawyer with... View More
i was put on deed in 2014 and recently taken off without my knowledge
answered on Aug 16, 2022
If someone filed a quitclaim deed without getting your signature, you would need to hire a real estate lawyer, preferably a real estate litigator, to resolve the issue unless the person who prepared the deed is willing to record a new one putting the property back in your name.
I pay 850 for child support with 1000 extra billed to me a month by mistake. I owe 110000. It is just my daughter and I and I am going to lose this house for back property taxes. I am not trying to dodge any legit payment I owe I am only trying to help my daughter and I survive. I am on disability... View More
answered on Aug 15, 2022
I would only add transferring title, if you have title to transfer, will not resolve your problems and the property taxes will still be due and need to be paid in order to avoid the county auctioning off the property. If the $110,000 is for child support that will not go away unless you hire a... View More
Insurance company stated that they are not obligated nor legally allowed to pay for insurance on the rental. When someone else hits you and their insurance is reimbursing you. It seems as though they should also pay for the insurance on the rental. Is the insurance company telling me a bs story or... View More
answered on Aug 10, 2022
Check your insurance policy. The terms of the policy determine if you have coverage for a rental or not.
Company stated they sent an email however we did not receive that. There was no written notice sent to our address nor has their attorney contacted us regarding money owed. What are my legal rights? I would like to try to pay all assessments owed without any of the collection/legal fees. What are... View More
answered on Jul 22, 2022
Florida Statute 720.3085(3)(d) now requires the HOA to mail you a Notice of Late Assessment giving you 30 days to pay before you can be turned over to any attorney or collection agency for collections. This statute went into effect July 1, 2021. If you were with the attorney before then it would... View More
I am getting a new survey and nobody will look at old survey. The fence is on my property then connects with the neighbors. And every time I unhook the fence he will hook it back up on my property. The neighbor has owned the property for three years. And I have wrote him letters and told him to... View More
answered on Jul 21, 2022
Is it your fence or did the previous owner of the neighbor's property place the fence on your property. If you own the fence and he is refusing to remove his fence from your fence then you will need to consult with a real estate lawyer to send him a letter. If that doesn't work you may... View More
I bought a year's worth of services for someone and did not realize that I would be charged a monthly fee once the year was over. I have been trying to get the charges stopped for 10 months to no avail because I am not the "member" of the membership. The person I bought the gift for... View More
answered on Jul 20, 2022
Dispute it with your bank. That's the easiest way to stop the recurring charges.
answered on Jul 19, 2022
Only if it is required by the HOA documents, which we cannot review in this online forum. By law homeowners have a right to attend meetings but not a duty. Based on the wording in your post though, it appears you have received a notice a hearing regarding a violation rather than a board meeting... View More
my neighbor has a 2-story house. Ground floor was configured as a separate apartment for elderly parents. They died. Now neighbor rents out the ground floor for a fee ($3,000/month). Neighbor has no permit. Neighbor pays no taxes on the income. Is this legal in a single family dwelling?... View More
answered on Jul 15, 2022
This is analogous to renting out rooms. Unless your neighbor is doing short-term rentals there are no permits required. I'm not sure how you know whether or not your neighbor pays taxes on the income. If it is a short-term rental there are taxes but if it is not a short-term rental the... View More
And would not fill it for me, i had to go back to doctor and spend more money for visit and get my prescriptions moved to another location. Do i have any type od case too pursue?
answered on Jul 15, 2022
Believe it or not, pharmacists can refuse to fill prescriptions. If you had a written prescription you should have been able to go to another pharmacy without getting a new prescription from the doctor.
Original articles of incorporation, created 20 years ago by the developer, allowed non-owners and non-residents to serve on the board. In early 2022, the articles were changed to require members to be owners. Do the original or revised articles apply to a board member elected before the revision... View More
answered on Jul 13, 2022
It depends on how the language was drafted, which we obviously cannot read in this online forum. If it states the candidate must be an owner, there is nothing that would require his/her resignation prior to the end of the term. If the language states the board member must be an owner during their... View More
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